John Timperio

John Timperio

Dechert LLP

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Latest Publications


New EU Securitisation Regulation: Moving in the Right Direction

The European Commission published a draft regulation on a European framework for simple, transparent and standardised securitisation on 30 September 2015 (the “Draft Regulation”). The Draft Regulation aims to achieve a better...more

10/8/2015 - Capital Requirements Collateralized Loan Obligations Commercial Loans Disclosure Requirements Draft Guidance Due Diligence EU Investors Lenders Originators Risk Retention Sanctions Securitization Securitization Standards

EU Risk Retention - Some Good News From Brussels

Following Dechert’s Legal Update published on 14 September 2015, we have had sight of an updated draft of the proposed EU legislation on securitisations. The updated draft shows signs that regulators have taken on board some...more

9/28/2015 - Belgium Collateralized Loan Obligations EU European Commission MiFID Originators Risk Retention Securitization Securitization Vehicles

Securitisation Regulation - Recast Retention Provisions Update

The Financial Times published leaked drafts of proposed EU legislation on securitisations on August 25.1 The draft regulations, which would be directly effective in EU member states if adopted, propose changes to the current...more

9/16/2015 - Bank of England Capital Requirements Collateralized Loan Obligations EU European Central Bank Risk Retention Securitization

Risk Retention Realized – Potential Solutions for CLO Market Participants

In anticipation of the effective date of the Final Rule on December 24, 2016 (early Christmas gift?), CLO market participants have been constructing solutions that allow collateral managers to raise the capital necessary to...more

8/12/2015 - Collateralized Loan Obligations Market Participants Risk Retention

The Rise of the C-MOA

Since the release of the final U.S. risk retention rule (the “Final Rule”) in October 2014, CLO market participants have been grappling with its ramifications and working to devise solutions that permit collateral managers to...more


Risk and Rewards of CRE-CLO and CLO Securitizations: Navigating the Capital Markets

More than 100 senior executives participated in Dechert’s Risk and Rewards of CRE-CLO and CLO Securitizations: Navigating the Capital Markets seminar.  The half day event, supported by  CRE Finance Council (CREFC) and the...more

7/28/2015 - Collateralized Loan Obligations Professional Conferences Risk Retention Securitization

EBA and BOE Weigh in on EU Risk Retention

The Bank of England (“BOE”) and European Central Bank (the “ECB”) recently published a joint response1 to the report and short opinion issued late last year by the European Bank Authority (“EBA”) on how to improve the...more

4/9/2015 - Bank of England EU European Banking Authority European Central Bank European Commission Investors Risk Retention Securitization Market

U.S. Risk Retention Final Rule: Capitalized Manager Vehicles, Majority Owned Affiliates and Other FAQs

Since its initial release we have received numerous inquiries from market participants (clients and non-clients alike) concerning the meaning and ramifications of the final U.S. risk retention rule (the “Final Rule”) on...more

1/27/2015 - Collateralized Loan Obligations Final Rules Market Participants Risk Retention

Holiday Gifts from the EBA?

The European Banking Authority (EBA) published a report, and a short opinion, on how to improve the functioning of the securitization markets, as previously requested by the European Commission. The EBA voiced its support, in...more

1/9/2015 - Capital Requirements EU European Banking Authority Financial Markets

Coal in Your CLO Stocking: U.S. Risk Retention Effective Date

The federal regulatory agencies responsible for implementing regulations under The Dodd-Frank Wall Street Reform and Consumer Protection Act finalized rules for risk retention requirements in CLO transactions (the “Final...more

12/24/2014 - Collateralized Loan Obligations Dodd-Frank Final Rules Risk Retention

Credit Risk Retention Final Rule: Enforcement and Compliance Considerations

Predicting enforcement of the final rule regarding U.S. risk retention is an uncertain task. This OnPoint is designed to provide guidance on possibilities related to consequences of non-compliance, enforcement approaches by...more

12/16/2014 - Asset-Backed Securities CMBS Collateralized Loan Obligations Dodd-Frank Enforcement Guidance Final Rules Private Right of Action Prudential Regulation Authority Risk Retention

U.S. Risk Retention Final Rule: Playing it Forward for CLOs

We will leave the hand wringing and teeth gnashing to others. We expect there will be a lot of that in the days ahead. We have had our say on the misguided premises and tortured statutory interpretation underpinning the final...more

10/23/2014 - Collateralized Debt Obligations Collateralized Loan Obligations Dodd-Frank FDIC Risk Retention Securities Exchange Act Volcker Rule

Old Wine in New Bottles: The Emergence of the P2P Small Business Lending Securitizations

This last year has seen an uptick in activity in the peer to peer commercial loan market in the U.S., which, broadly speaking, includes loans made by non-traditional financing sources to small businesses (“P2P Commercial...more

8/27/2014 - Funding Hedge Funds Loans Peer-to-Peer Popular Securities Securitization Securitization Market Small Business Startups

European Commission Publishes Final Regulatory Technical Standards on Risk Retention

The European Commission published the final regulatory technical standards on 13 March 2014 specifying the requirements for investor, sponsor, original lenders and originator institutions relating to exposures to transferred...more

3/26/2014 - EU European Commission Risk Retention

Volcker Rule Regulations Issued: Understanding the Practical Implications for U.S. and Foreign Banking Entities, Funds and...

The Volcker Rule (“Volcker Rule” or “Rule”) is intended to limit risks to the financial system that Congress believes may be created by (i) proprietary trading operations of insured depository institutions, foreign banking...more

1/22/2014 - Banking Sector Collateralized Debt Obligations Dodd-Frank Financial Regulatory Reform Hedge Funds Proprietary Trading Trust Preferred Securities Volcker Rule

CLOs Under the Volcker Rule: New Exemptions, New Issues, New Obligations

Under the final version of the Volcker Rule issued this week, issuers and sponsors of new CLO issuances should consider structuring CLOs to conform to the exclusions contained in the rule, and banks and bank affiliates that...more

12/17/2013 - Bank Holding Company Banking Sector Collateralized Loan Obligations Derivatives Dodd-Frank FDIC Federal Reserve Financial Regulatory Reform Hedge Funds Investment Fund Vehicles Investment Funds Leveraged Loans Loans Private Equity Funds Reporting Requirements Secured Loans Volcker Rule

Risk Retention Reproposal’s Impact on CLOs: Loan Arrangers Get Invited to the Party that No One Wants to Attend

CLO managers and lead arrangers of syndicated loans received special attention in a proposal jointly released by six federal agencies to implement the credit risk retention requirements of Section 941 of the Dodd-Frank Act....more

8/31/2013 - Collateralized Loan Obligations FDIC Federal Reserve FHFA HUD OCC Proposed Regulation Risk Retention SEC Securitization

EBA Consultation Paper Raises Concerns for CLOs

The European Banking Authority (EBA) published a consultation paper on draft technical standards relating to the implementation of CRD IV on 22 May 2013. Of particular concern to participants in the CLO market are the...more

5/24/2013 - Capital Requirements Consultation European Banking Authority

New FDIC Rules on “Higher Risk Securitizations” and the Impact on CLOs: The Teapot Tempest

The Federal Deposit Insurance Corporation’s (“FDIC”) new rules for calculating deposit insurance assessments for large institutions and highly complex institutions (some of which have been active investors in collateralized...more

3/22/2013 - Collateralized Loan Obligations Dodd-Frank FDIC Higher-Risk Securitizations Risk Assessment

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